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Constitutional Law • Domestic Affairs
CONLAW#037
Legal Definition
The president has the power to pardon those accused or convicted of federal crimes (but not state crimes or civil liability), except the President cannot pardon someone for offenses that resulted in impeachment by the House.
Plain English Explanation
The Constitution gives the president the power to pardon federal crimes, which means forgiving or reducing a criminal sentence. For example, the president could pardon someone convicted of tax fraud. This allows the president to show mercy in appropriate cases.
However, there are some limits. First, the pardon power only applies to federal crimes, not state crimes. So the president cannot pardon someone convicted under state law. Second, the president cannot pardon someone impeached by Congress, since that would undermine the impeachment power. Finally, the pardon power does not apply to civil lawsuits - it does not erase monetary damages.
However, there are some limits. First, the pardon power only applies to federal crimes, not state crimes. So the president cannot pardon someone convicted under state law. Second, the president cannot pardon someone impeached by Congress, since that would undermine the impeachment power. Finally, the pardon power does not apply to civil lawsuits - it does not erase monetary damages.
Hypothetical
Hypo 1: Bob, a federal employee, is caught embezzling government funds. After being found guilty, he fears the long prison sentence ahead. The President, believing Bob's actions were out of character and that he has shown genuine remorse, decides to pardon him. Result: Bob is forgiven for his federal crime and is spared the prison sentence. This is a classic use of the President's pardon power, addressing a federal crime.
Hypo 2: Bob is convicted of robbery in Hypofornia, a state crime. He seeks a pardon from the President to avoid jail time. Result: The President cannot pardon Bob because his crime is a state offense, not federal. The President's pardon power doesn't extend to state crimes.
Hypo 3: Sam, a Senator, is impeached for corruption but also faces separate federal charges for the same actions. The President, a close ally, wants to pardon him to help avoid federal prosecution. Result: While the President can pardon Sam's federal charges, he cannot undo the impeachment. The impeachment consequence stands because the President's pardon power does not apply to offenses that have led to impeachment.
Hypo 2: Bob is convicted of robbery in Hypofornia, a state crime. He seeks a pardon from the President to avoid jail time. Result: The President cannot pardon Bob because his crime is a state offense, not federal. The President's pardon power doesn't extend to state crimes.
Hypo 3: Sam, a Senator, is impeached for corruption but also faces separate federal charges for the same actions. The President, a close ally, wants to pardon him to help avoid federal prosecution. Result: While the President can pardon Sam's federal charges, he cannot undo the impeachment. The impeachment consequence stands because the President's pardon power does not apply to offenses that have led to impeachment.
Related Concepts
Under Youngstown, when is the President's power as Chief Executive most and least powerful regarding domestic affairs?
What are the limitations of the President's immunity?
What are the requirements for impeachment and removal?
When may the president invoke executive privilege?
Who has the appointment power, and what positions are appointable?
Who has the removal power and what are its limitations?
